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Certificate of Eligibility for Employment|Necessary Documents and Points to Note When Applying

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One of the most common concerns that employers have when hiring foreign nationals is work eligibility. The type of work a foreigner can engage in is limited to that permitted by his/her visa (status of residence), but the employer cannot confirm whether the work the foreigner will be assigned to is within the scope of what is permitted. However, if you have a "Certificate of Eligibility for Employment", it is possible to determine whether or not you are allowed to work.

In this issue, we will explain the required documents and points to note when applying for a Certificate of Eligibility for Employment.

Cases requiring a certificate of eligibility for employment

就労資格証明書が必要なケース

A "Certificate of Authorized Employment" is mainly required when a foreigner changes jobs. Under the status of residence that a foreigner has, he/she is allowed to work in the job that he/she was engaged in at the company before changing jobs. Therefore, it is not certain whether or not they will be able to work in the same type of work they will be doing at their new company. In some cases, both the foreigner and the employing company may take it easy and hire the foreigner, only to find out that the visa does not actually allow the foreigner to work.

When hiring a foreigner, the employer is required to check the status of residence and period of stay on the residence card, but it is not possible to determine whether the work is permitted under the visa or not. If the work is exactly the same, this will not be a problem, but if the scope of work changes in any way, confirmation will be necessary.

This is where the "Certificate of Eligibility for Employment" comes in. The "Certificate of Eligibility" proves that you are eligible to work and that you can work for the employing company. This is because the name of the company is written on the "Certificate of Eligibility to Work". With the certificate, both the foreigner and the employing company will be able to resolve any concerns they may have.

Required Documents for Application for Certificate of Employment Eligibility

Let's take a look at the documents required for "Application for Certificate of Employment Eligibility". The required documents include those to be prepared by both the foreigner himself/herself and the employing company.

Required documents to be prepared by the applicant (foreigner himself/herself)

Application for Certificate of Eligibility for Employment
Residence card (including alien registration certificate deemed as residence card) or special permanent resident certificate (including alien registration certificate deemed as special permanent resident certificate)
 *When a person other than the applicant applies for the issuance of a certificate of eligibility for employment pertaining to said applicant, a copy of the residence card is carried by the applicant, and the person visiting the office brings the applicant's residence card.
Passport or Certificate of Eligibility
If the applicant is unable to present his/her passport or certificate of eligibility, a statement of reasons stating the reason for the inability to present the passport or certificate of eligibility.
Documentation of identity (if the application is submitted by an application processor)
Gensen Choshuhyo (issued by the company before changing jobs)
Certificate of employment or retirement
Copy of letter of employment (from new employer)
Copy of employment contract (from new employer)
Copy of letter of resignation (from new employer)
Reasons for change of occupation, if applicable
Source: Application for Certificate of Employment Eligibility, "Immigration and Immigration Management Agency.http://www.moj.go.jp/isa/applications/procedures/16-9.html

Required documents to be prepared by the employer

Commercial
Certified copy of corporate registration (issued within the last 3 months)
Financial statements for the most recent one year (or business plan for the next one year for new establishments)
Company brochures, etc. (with detailed information)
Statement of reasons for employment, if applicable

Points to note when applying for a Certificate of Eligibility for Employment

The "Certificate of Employment Status" is not a required document for changing jobs. It is up to the foreigner to decide whether or not he/she wishes to apply for the certificate. The "Certificate of Eligibility for Employment" is a document that describes the activities permitted under the employment status and certifies that the foreigner is eligible to work at the company. Therefore, the lack of a "Certificate of Eligibility to Work" is not a reason for any disadvantageous treatment of a foreigner.

Immigration Law Article 19-2

(2) No person shall, upon employing, etc., a foreign national, treat the said foreign national disadvantageously on the grounds that the said foreign national fails to present or submit the documents set forth in the preceding paragraph, when it is clear that the activities of operating a business with income or receiving remuneration which the said foreign national may engage in.

Source: Certificate of Employment Eligibility (Immigration Law Article 19-2), Immigration and Naturalization Service.http://www.moj.go.jp/isa/applications/guide/syuurou.html

Responses vary depending on the timing of the job change.

Depending on the circumstances of your job change, there may be cases where you will not be able to obtain a "Certificate of Eligibility for Employment" in time. If you are considering applying for a "Certificate of Eligibility for Employment" after changing jobs, you must change your response according to the visa's period of stay.

If the period of stay is less than 6 months

The time required to receive a "Certificate of Authorized Employment" is one to three months, but there is no guarantee that the process will not be prolonged due to unforeseen circumstances. To avoid the risk of your visa expiring before the "Certificate of Authorized Employment" is issued, you should apply for "permission to extend your period of stay" if your period of stay is less than 6 months. In this case, you should state that you have changed jobs and obtain permission to extend your period of stay after an examination. However, if it is determined that the work you are engaged in at the new company is not permitted under your visa, you will not be able to renew your period of stay or work.

If the period of stay is more than 6 months

You have enough time to apply for the Certificate of Eligibility for Employment to receive the grant.

Certificate of eligibility for employment has its advantages.

The benefits of the "Certificate of Eligibility for Employment" are not limited to providing peace of mind for both the foreign worker and the employing company. Foreign nationals who have received a Certificate of Eligibility for Employment will be able to renew their visa more smoothly. This is because they have already submitted information on their new employer when applying for the Certificate of Eligibility for Employment, and the screening process has already confirmed that there are no problems with their employment.

summary

The "Certificate of Eligibility for Employment" brings peace of mind to both the foreigner and the employer when the foreigner changes jobs. Various documents are required to obtain a "Certificate of Eligibility for Employment". The documents required when applying for the Certificate of Eligibility are to be prepared by both the foreigner and the employer.

However, the employing company must not treat the foreigner disadvantageously due to the lack of a "Certificate of Eligibility for Employment" when hiring the foreigner. In some cases, depending on the timing of the job change, the certificate may not be issued in time. Please keep in mind that this is only a voluntary document.


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